BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 180
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          Date of Hearing:   May 7, 2013
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      AB 180 (Bonta) - As Amended:  May 1, 2013


           SUMMARY  :  Provides an exemption for the City of Oakland to enact  
          and enforce ordinances and regulations that are more restrictive  
          than state law regulating the registration or licensing of  
          commercially manufactured firearms.  

           EXISTING LAW :  

          1)Provides that it is the intention of the Legislature to occupy  
            the whole field of regulation of the registration or licensing  
            of commercially manufactured firearms as encompassed by the  
            provisions of the Penal Code, and such provisions shall be  
            exclusive of all local regulations, relating to registration  
            or licensing of commercially manufactured firearms, by any  
            political subdivision as defined.  (California Government Code  
            Section 53071.)  

          2)Provides that no permit or license to purchase, own, possess,  
            keep, or carry, either openly or concealed, shall be required  
            of any citizen of the United States or legal resident over the  
            age of 18 years who resides or is temporarily within this  
            state, and who is not within the excepted classes prescribed,  
            to purchase, own, possess, keep, or carry, either openly or  
            concealed, a handgun within the citizen's or legal resident's  
            place of residence, place of business, or on private property  
            owned or lawfully possessed by the citizen or legal resident.   
            [Penal Code Section 25605(b).]  

          3)Prohibits any person from selling, leasing, or transferring  
            firearms unless the person has been issued a license, as  
            specified.  [Penal Code Section 26500(a).]

          4)Requires the register or record of electronic transfer for  
            handguns, and all firearms starting January 1, 2014, to  
            include all of the following information:  [Penal Code Section  
            28160(a).]








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             a)   The date and time of sale;

             b)   The make of firearm;

             c)   Peace officer exemption status, as specified, and the  
               agency name;

             d)   Auction or event waiting period exemption, as specified;

             e)   Dealer waiting period exemption, as specified;

             f)   Dangerous weapons permitholder waiting period exemption,  
               as specified;

             g)   Curio and relic waiting period exemption, as specified;

             h)   California Firearms Dealer number;

             i)   For transactions occurring on or after January 1, 2003,  
               the purchaser's handgun safety certificate number;

             j)   Manufacturer's name if stamped on the firearm;

             aa)  Model name or number, if stamped on the firearm;

             bb)  Serial number, if applicable;

             cc)  Other number, if more than one serial number is stamped  
               on the firearm;

             dd)  Any identification number or mark assigned to the  
               firearm, as specified;

             ee)  If the firearm is not a handgun and does not have a  
               serial number, identification number, or mark assigned to  
               it, a notation as to that fact;

             ff)  Caliber;

             gg)  Type of firearm;

             hh)  If the firearm is new or used;

             ii)  Barrel length;








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             jj)  Color of the firearm;

             aaa) Full name of purchaser;

             bbb) Purchaser's complete date of birth;

             ccc) Purchaser's local address;

             ddd) If current address is temporary, complete permanent  
               address of purchaser;

             eee) Identification of purchaser;

             fff) Purchaser's place of birth (state or country);

             ggg) Purchaser's complete telephone number;

             hhh) Purchaser's occupation;

             iii) Purchaser's sex;

             jjj) Purchaser's physical description;

             aaaa)All legal names and aliases ever used by the purchaser;

             bbbb)Yes or no answers to questions that prohibit purchase,  
               including, but not limited to, conviction of a felony, as  
               defined, or a specified offense, whether the purchaser is a  
               person who has been adjudicated by a court to be a danger  
               to others or found not guilty by reason of insanity, and  
               whether the purchaser is a person who has been found  
               incompetent to stand trial or placed under conservatorship  
               by a court;

             cccc)Signature of purchaser;

             dddd)Signature of salesperson, as a witness to the  
               purchaser's signature;

             eeee)Salesperson's certificate of eligibility number, if the  
               salesperson has obtained a certificate of eligibility;

             ffff)Name and complete address of the dealer or firm selling  
               the firearm as shown on the dealer's license;








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             gggg)The establishment number, if assigned;

             hhhh)The dealer's complete business telephone number;

             iiii)A statement of the penalties for signing a fictitious  
               name or address, knowingly furnishing any incorrect  
               information, or knowingly omitting any information required  
               to be provided for the register; and

             jjjj)Other specified information.  

          5)Requires, except as permitted by DOJ regulations, the  
            purchaser of a firearm to provide his or her right thumbprint  
            on the register in a manner prescribed by the DOJ.  [Penal  
            Code Section 28160(b).]

          6)Requires the firearms dealer to record on the register or  
            record of electronic transfer the date that the firearm is  
            delivered.  [Penal Code Section 28160(c).]

          7)Requires, within 10 days of the date a handgun, and any  
            firearm starting January 1, 2014, is acquired as an  
            institutional weapon, as defined, by an authorized law  
            enforcement agency, a record of that acquisition to be entered  
            as an institutional weapon into the Automated Firearms System  
            (AFS) via the California Law Enforcement Telecommunications  
            System (CLETS) by the acquiring agency. Requires that any  
            agency without access to AFS to arrange with the sheriff of  
            the county in which the agency is located to input this  
            information via CLETS.  [Penal Code Section 27600(c).]

          8)Prohibits a person from purchasing or receiving a handgun,  
            except an antique firearm, without a valid handgun safety  
            certificate, and prohibits a person from selling, delivering,  
            loaning, or transferring a handgun, except an antique firearm,  
            to another person without a valid handgun safety certificate.   
            (Penal Code Section 31615.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "It is widely  
            recognized that the people of Oakland are suffering from gun  








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            violence. The City of Oakland was home to 131 homicides in  
            2012-21 more than 2011. As of October 2012, Oakland had 629  
            police officers - a ten year low, and down from a high of 837  
            officers just four years ago. The situation is so grave that  
            the California Highway Patrol and the Alameda County Sheriff's  
            Department are both contributing officers to supplement the  
            regular patrols.
             
             "Given the unique challenges and rampant gun violence facing  
            Oakland, we wish to empower the city to enact a stricter  
            regulatory regime for firearms licensing or registration than  
            is in place for the state."

           2)Preemption  :  Preemption occurs when a higher level of  
            government removes regulatory power from a lower level of  
            government. For example, Congress may remove legislative  
            authority from the states in certain areas. Likewise, state  
            governments may, in some cases, remove local legislative  
            authority.  The strongest form of preemption occurs when a  
            higher level of government expressly removes that power or  
            expressly reserves that power.  In California, regulation and  
            licensing of firearms has been expressly preempted by state  
            government.  
             
             Most state constitutions allocate authority to local  
            governments to regulate in the interests of the public health,  
            safety and welfare (which generally includes regulation of  
            firearms and ammunition). "State preemption" occurs when a  
            state government removes a portion of a local government's  
            legislative authority.  States differ considerably in how and  
            to what extent they preempt the regulation of firearms and  
            ammunition. 

            Generally, preemption occurs in two ways: through  express  
            preemption  and  implied preemption  .  Express preemption occurs  
            when a state provides explicitly, in the language of a statute  
            or constitutional provision, that it intends to remove a lower  
            government's regulatory authority.  Absent an express  
            statement, courts may infer an intent to take over a field of  
            regulation, even though there is no express legislative  
            statement to that effect. This is referred to as implied  
            preemption. In general, courts may find that a local law is  
            preempted if it conflicts directly with state law by requiring  
            what the state law prohibits, or prohibiting what the state  
            law requires. In addition, when a comprehensive scheme of  








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            state regulation exists on a particular subject matter, many  
            state courts find that the state legislature thereby indicated  
            an implied intent to assert exclusive authority over that  
            subject matter.

            The existence and degree of express state preemption of local  
            firearms and ammunition regulation varies from state to state,  
            as do the tests courts use to determine whether implied  
            preemption exists.

            California expressly preempts local governments from  
            regulating in the areas of registration or licensing of  
            firearms; manufacture, sale or possession of imitation  
            firearms; and licensing or permitting with respect to the  
            purchase, ownership, possession or carrying of a concealable  
            firearm in the home or place of business.  In other areas,  
            courts have found that local governments have a great deal of  
            authority to regulate firearms and ammunition in their  
            communities. For example, courts have rejected preemption  
            challenges to many local firearms and ammunition laws,  
            including ordinances regulating junk guns, the location and  
            operation of firearms dealers, and the sale and possession of  
            firearms and ammunition on county-owned property  
             
           3)Patchwork  :  One public policy reason to have statewide  
            consistency in the regulation of registration and licensing of  
            commercial firearms is to prevent an inconsistent patchwork of  
            local laws.  Due to the mobile natures of California citizens,  
            and firearms themselves, individuals are in danger of  
            violating laws in one local jurisdiction by following laws in  
            their own local jurisdiction.  For instance, if this bill  
            becomes law and the City of Oakland decides to ban all  
            handguns in the City of Oakland how can people who reside in  
            the City of Alameda (which is only accessible through the City  
            of Oakland) transport lawfully owned firearms to and from  
            their city?  
           
           4)Argument in Support  :  According to the  City of Oakland , "This  
            bill will greatly help improve public safety by enabling the  
            City of Oakland to enact stricter gun laws with regards to  
            licensing and registration than the rest of the state.
             
             "AB 180 provides the City of Oakland with additional tools  
            that it needs to curb gun violence and enhance public safety.  
            The City of Oakland had 131 homicides in 2012 which is 21 more  








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            than in 2011. Currently we have suffered 31 homicides this  
            year already. Shootings are also on the rise. The level of gun  
            violence has increased and we need additional tools to address  
            the flood of guns into our City, along with tighter  
            restrictions to prosecute those trading these illegal arms.

            "The reason why we need this legislation is to supplement our  
            public safety officers whose staffing levels have decreased  
            over the years due to our budget.

            "Current sworn staffing is at 646 police officers, a ten year  
            low, and down from a high of 837 officers just four years ago.  
            In order to comprehensively address public safety the City has  
            requested interim support of the California Highway Patrol and  
            the Alameda County Sheriff's Department to supplement the  
            regular patrols. However this is not a long term solution.

            "Due to these factors, we wish to enact and enforce an  
            ordinance or regulation that is more restrictive than state  
            law regulating the registration or licensing of commercially  
            manufactured firearms as encompassed by the Penal Code."

           5)Argument in Opposition:   According to the  National Rifle  
            Association  , "The repeal of state preemption would lead to an  
            unpredictable patchwork of local laws.  American citizens have  
            right to travel from one jurisdiction to another in California  
            without the fear of violating locally politically motivated  
            ordinances."   
           
           6)Prior Legislation  :  AB 1315 (De Leon), Statutes of 2012,  
            Chapter 214, removed the state preemption of any local  
            ordinances regarding the manufacture, sale, or possession of  
            imitation firearms, BB devices, and air rifles within the  
            County of Los Angeles.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California State Conference of the NAACP  
          City of Oakland 


           Opposition 
           








                                                                  AB 180
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          California Association of Federal Firearms Licenses 
          California Rifle and Pistol Association
          California Right to Carry 
          National Rifle Association of America 
           
           One private individual
           
          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744